Legal Question in Family Law in Arizona
In 2004 my husband and I filed for divorce at the Los Angeles, Ca. courts but it was never finalized--case status is pending. In 2008 we both moved up to Arizona to try to work out the marriage but it failed and we have decided to split. I would like to file a petition to dissolve the marriage, but the pending case in California has me concerned. I'm I still able to file divorce with the State of Arizona even if there is a case open in California?
If you need more information please contact me.
Thank you
Eileen
2 Answers from Attorneys
Divorce must be filed where at least one of the parties has lived for the preceding 90 days. This means that Arizona would be the only place either of you could file for a divorce. The California case will die on the vine. Of course, as a courtesy, you could file something with the California court asking that the case be dismissed because an identical one is pending in Arizona.
Best of luck to you!
Eileen:
Are there children involved? That may complicate the issue. Either way, I would certainly PREFER that the CA case be formally dismissed.
You certainly have been in Arizona long enough to file here.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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